Term and Conditions of Use
BackVersion number: 1.0
Publication date: January 10th 2019
Effective date: January 10th 2019
Note: This document updates and replaces version 1.0 of the “Terms and Conditions of Use”.
PREAMBLE
This is a legal and binding agreement between Pièces de transmission UNITRANS Ltée. (“UNITRANS”) and you as a “UNITRANS User” and/or “UNITRANS”. It provides the terms and conditions under which you may use the UNITRANS Web Application Services and contains disclaimers of warranty and limitation of liability.
By using the UNITRANS Web Application Services, you are confirming your acceptance of these Terms and Conditions of Use. If you do not agree to be bound by this Agreement, do not use the UNITRANS Web Application Services.
You may review, save or print any part of this agreement. We encourage you to print out a copy of the entire agreement and refer to it as you use the UNITRANS Web Application Services.
1. Description of Services
1.1 “UNITRANS Web Application Services” means the services provided through UNITRANS partners. Occasionally, UNITRANS will provide automatic upgrades to improve the UNITRANS Web Application Services. Any changes to UNITRANS Web Application Services are subject to these Terms and Conditions of Use.
2. Availability of Services
2.1 While UNITRANS makes reasonable efforts to ensure that the UNITRANS Web Application Services are available at all times, UNITRANS does not guarantee or represent that the UNITRANS Web Application Services will be uninterrupted or error-free, and UNITRANS does not guarantee that users will be able to access or use all UNITRANS Web Application Services’ features at all times.
2.2 UNITRANS may change, suspend or discontinue any UNITRANS Web Application Services, or any part thereof, at any time. UNITRANS may also impose limits on the use of or access to certain features or portions of UNITRANS Web Application Services, or restrict your access to any part or all of UNITRANS Web Application Services, in all cases without notice or liability.
3. Compatibility with third-party Software
3.1 You hereby acknowledge that certain UNITRANS Web Application Services which require the ability to exchange data with third party software may be compatible only with the version of third-party software displayed on UNITRANS web site at the time of your registration. Any subsequent version of any such third-party software may prevent or modify the manner in which data is exchanged with UNITRANS Web Application Services, which, in turn, may prevent certain UNITRANS Web Application Services to function properly.
3.2 You understand that UNITRANS Web Application Services may not be consistent across all platforms and that the performance and some UNITRANS Web Application Services features may vary depending on your computer and related equipment.
4. Profile and Account
4.1 “UNITRANS User” means anybody who uses the free UNITRANS Web Application Services.
4.2 “UNITRANS Registered User” means any person who is at least 18 years old and who uses the fee-based UNITRANS Web Application Services. To use the fee-based UNITRANS Web Application Services you must first register with UNITRANS. When you accept this Agreement and complete the registration, you become a UNITRANS Registered User. You cannot use the fee-based UNITRANS Web Application Services until you have accepted the terms of this Agreement, and you must abide by these terms at all time to retain your UNITRANS Registered User status.
4.3 As a UNITRANS Registered User, UNITRANS provides you with a limited, non-exclusive license for no more than the term of your membership to use the UNITRANS Registered User ID and password provided to you for your account. Your UNITRANS Registered User ID, when confirmed by UNITRANS, is your on-line identity. Do not reveal your password to any other person. As UNITRANS Registered User, you are responsible for all transactions made through your account.
5. Privacy Policy
5.1 Your use of UNITRANS Web Application Services is subject to UNITRANS Privacy Policy as it exists and as it may be revised from time to time by UNITRANS.
6. Termination and Resources
6.1 If you are dissatisfied with the UNITRANS Web Application Services or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the UNITRANS Web Application Services. In such an event, you agree to destroy all materials obtained by you through the UNITRANS Web Application Services and all copies thereof. The Terms and Conditions shall survive any such termination.
7. Disclaimer of Warranties
7.1 UNITRANS also does not guarantee or warrant that any content or data you may have in your account at UNITRANS will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important information. Unless otherwise expressly provided in the terms of any service or feature offered in UNITRANS, UNITRANS will not be responsible for any archiving or backup of any such information.
7.2 You expressly acknowledge and agree that use of the UNITRANS Web Application Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
7.3 To the maximum extent permitted by applicable law, the UNITRANS Web Application Services ARE provided “as is”, with all faults and without warranty of any kind, and UNITRANS hereby disclaims all warranties and conditions with respect to the UNITRANS Web Application Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
7.4 UNITRANS does not warrant against interference with your enjoyment of the UNITRANS Web Application Services, that the functions contained in the UNITRANS Web Application Services will meet your requirements, that the operation of the UNITRANS Web Application Services will be uninterrupted or error-free, or that defects in the UNITRANS Web Application Services will be corrected.
7.5 No oral or written information or advice given by UNITRANS, its authorized representative, employees or agents shall create a warranty or in any way increase the scope of any warranty.
7.6 If applicable law implies any warranties with respect to the UNITRANS Web Application Services, all such warranties are limited in duration to ninety (90) days from the date of delivery. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts or on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
8. Limitation of Liability
8.1 To the extent not prohibited by law, in no event shall UNITRANS be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the N UNITRANS Web Application Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if UNITRANS has been advised of the possibility of such damages.
8.2 Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
8.3 In no event shall UNITRANS ‘s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
8.4 The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Communications
9.1 UNITRANS may give notice to any UNITRANS user by sending an email or sending a letter by mail to the address indicated in the UNITRANS registered user profile. UNITRANS users can communicate with UNITRANS using the contact details on the “Contact” page on the UNITRANS website.
10. Entire Agreement
10.1 These Terms and Conditions constitute the entire agreement between UNITRANS and you with respect to your use of the UNITRANS Web Application Services.
11. Governing law and severability
11.1 This agreement is governed by and construed in accordance with the laws of the province of Quebec in Canada.
11.2 If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this agreement shall continue in full force and effect.
12. Amendments and prevailing language
12.1 UNITRANS may unilaterally amend this agreement, including price, at any time after a 30-day notice of on its web site. Your continued use of the UNITRANS Web Application Services following the posting of notice of any such amendments, will indicate your acceptance of this agreement, and any such changes. Otherwise, if any such future amendments are unacceptable to you, you should cease the use of the UNITRANS Web Application Services.
12.2 In the event of a conflict between the English and any non-English versions of this licence, the English version of this license shall prevail
